Law Commons^™

Ethics, Money, And The Healing Relationship, Edward Tick

The International Journal of Ethical Leadership

No abstract provided.

Connecting Ethics To Engineering Through Conflict Minerals, James D. Mcguffin-Cawley

The International Journal of Ethical Leadership

No abstract provided.

Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi

The Journal of Business, Entrepreneurship & the Law

I will begin with a look inside the history of entrepreneurship and its rise and decline throughout various times in our country’s history. I will then shift the focus towards the history of startup companies and what the modern trend is today in startups. After laying the foundation for startups, I will look into the complexities of creating a startup company and looking at the role that attorneys play in the lifetime of startups. From there, I will dive into the history and trend of lawyers who have invested in their client’s companies - through direct investment or bartering by …

Of Wigs, Wickets, And Moonshine: Leadership Development Lessons From An International Collaboration, Douglas A. Blaze

Scholarly Works

No abstract provided.

Why The Government Shouldn't Pay People To Get Vaccinated Against Covid-19, Ana Santos Rutschman

All Faculty Scholarship

As several pharmaceutical companies approach the Food and Drug Administration (FDA) seeking authorization to bring COVID-19 vaccines to market, concerns about vaccine mistrust cloud the prospects of imminent vaccination efforts across the globe. These concerns have prompted some commentators to suggest that governments may nudge vaccine uptake by paying people to get vaccinated against COVID-19. This post argues that, even if potentially viable, this idea is undesirable against the backdrop of a pandemic marked by the intertwined phenomena of health misinformation and mistrust in public health authorities. Even beyond the context of COVID-19, paying for vaccination is likely to remain …

A Qualitative Study Of Peer Reporting Of Attorney Ethical Misconduct, Jason Alan Helm

Walden Dissertations and Doctoral Studies

Attorney misconduct affects the victims, the justice system, and the reputation of the entire legal profession. The legal profession suffers from a negative public perception because of a perceived lapse of ethical conduct. This study was designed as a general qualitative study and its purpose was to understand the processes attorneys experience regarding peer reporting of attorney ethical misconduct. The questions examined in this study was whether attorneys were willing to report their peer's ethical misconduct and why those attorneys decided to report or not report their peer's ethical misconduct. Twenty open-ended questionnaires were collected from a sampling of active, …

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Utah Law Faculty Scholarship

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro Bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This paper utilizes a data set of over forty student-client consultations at a pro bono brief advice clinic that have been recorded and transcribed. It uses conversation analysis to study …

Meat Processing Workers And The Covid-19 Pandemic: The Subrogation Of People, Public Health, And Ethics To Profits And A Path Forward, Kelly K. Dineen

Saint Louis University Journal of Health Law & Policy

The COVID-19 pandemic has highlighted and exacerbated existing health injustices. People who are Latino/Latinx, Black, Indigenous or members of other minority groups have disproportionately paid with their very lives. The pandemic has also exposed the complex interdependence of worker health and well-being, community health, and economic security. Industries like meat processing facilities—with congregate and high-density workplaces staffed by workers who are already disadvantaged by structural discrimination—must reckon with decades of subrogation and exploitation of workers. During this pandemic, the industry has pushed that exploitation to a point of no return. Policies to protect workers need a reset to an orientation …

Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon Penney, Afsaneh Ragot, Ram Shankar Siva Kumar

Articles, Book Chapters, & Popular Press

This paper critically assesses the adequacy and representativeness of physical domain testing for various adversarial machine learning (ML) attacks against computer vision systems involving human subjects. Many papers that deploy such attacks characterize themselves as “real world.” Despite this framing, however, we found the physical or real-world testing conducted was minimal, provided few details about testing subjects and was often conducted as an afterthought or demonstration. Adversarial ML research without representative trials or testing is an ethical, scientific, and health/safety issue that can cause real harms. We introduce the problem and our methodology, and then critique the physical domain testing …

Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls, Lynn A. Baker, Stephen J. Herman

Lewis & Clark Law Review

The individual plaintiff in an MDL is subject to the efforts and decisions of numerous different attorneys, including many whom the plaintiff did not choose but who stand to share in any fees resulting from the plaintiff’s case. Which lawyers effectively represent the MDL plaintiff, at what point(s) in time, for what purpose(s), and with what obligations and potential liability to that plaintiff? What obligations and potential liability do the MDL leadership attorneys have to their own individually retained clients and other litigants in the MDL, and how should these attorneys handle any perceived conflicts in their obligations to the …

The Compliance Mentorship Program: Improving Ethics And Compliance In Small Government Contractors, Jessica Tillipman, Vijaya Surampudi

GW Law Faculty Publications & Other Works

Over the past decade, the anti-corruption, ethics, and compliance landscape has changed dramatically. This is a direct consequence of a global anti-corruption enforcement effort led by the United States through its enforcement of the Foreign Corrupt Practices Act. The increase in enforcement has also been spurred by the adoption of several multilateral anti-corruption agreements, such as the Organization for Economic Co-operation and Development (OECD) Anti-Bribery Convention and the United Nations Convention Against Corruption (UNCAC). These agreements have spurred several countries to enact anti-corruption laws, such as the U.K. Bribery Act, Brazil’s Clean Company Act, and France’s Loi Sapin II. The …

Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb

Law Faculty Publications

When law students are asked to articulate legal rules in a persuasive communication such as a brief, they may experience internal tension. Their version of the rule, as framed to benefit a particular client’s position, may be different from the way they would articulate the rule if they were not taking on an advocate’s role. The conflict between those two versions of a legal rule leads some students to wonder if advocacy itself is deceptive, if an advocate’s role requires one to sacrifice ethics for success, and if ancient Greek philosophers were correct when they derided persuasive communication as “trickery …

Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta

Journal of Race, Gender, and Ethnicity

No abstract provided.

Avoiding Judicial Discipline, Veronica Root Martinez

Journal Articles

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into judicial …

The Professor As Institutional Entrepreneur, Roger P. Alford

Journal Articles

Law professors are all about ideas, and the creation of an institute, clinic, or center within a law school is the instantiation of an idea. Ideas embodied in law school institutions become crystallized in the fabric of a school, changing its culture, internalizing its values, and reflecting its priorities. Robert Cochran has helped to establish multiple institutes, centers, and clinics at Pepperdine Caruso Law School, and in so doing he has become the law school's great serial entrepreneur. The institutes Cochran helped to establish have become laboratories to give expression to his ideas about the relationship between faith, ethics, and …

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

Utah Law Faculty Scholarship

Law school aims to teach lawyering skills as well as legal analysis. While all students must acquire the skills of legal analysis, research and writing, law schools may decide what other skills to teach. Students also acquire skills and habits in informal ways, through clerkship experiences or pro bono volunteer work. However, there has been almost no study of what “skills” students pick up in these informal ways, and whether there are skills that would better be learned as part of the curriculum. This study looks at the skill of legal interviewing employed by students in a pro bono brief …

Learning From Our Mistakes: Conversation Analysis Reveals Best Practices For A Student-Staffed Pro Bono Project, Linda F. Smith

Utah Law Faculty Scholarship

Law schools make “pro bono” opportunities available to students to introduce them to the responsibilities of the profession. Often these pro bono law students help in “brief advice” projects staffed by volunteer attorneys. This staffing-supervision structure presents challenges in ensuring clients receive competent, individualized advice and the students receive adequate oversight so that this is a positive learning experience for them. This paper analyzes transcripts from 46 recorded student-client interviews and 35 student-attorney consultations. It focuses on those cases where there were “errors or omissions” -- either the client got some erroneous advice or the client did not receive complete, …

The Personal Responsibility Pandemic: Centering Solidarity In Public Health And Employment Law, Lindsay F. Wiley, Samuel R. Bagenstos

Articles

Our nation’s response to the coronavirus pandemic has revealed fundamental flaws in our legal regimes governing both public health and employment. Public health orders have called on individuals to make sacrifices to protect society as a whole. Simple fairness dictates that the burdens should be shared as widely as the benefits. And the case for burden-sharing does not rest on fairness alone. Public health measures are more likely to succeed when those who are subject to them understand them as fair1 and when their cooperation is supported. 2 Predictably, our pandemic response has placed disproportionate burdens on those who are …

Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval

St. Mary's Journal on Legal Malpractice & Ethics

The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.

This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will …

Pisc In The Wind? Holding Healthcare Organizations Liable For Publicly Issued Statements Of Conduct, Joshua E. Perry, Timothy L. Fort

American University Law Review

Has the moment arrived when we can no longer permit a company, that espouses value statements and ethical programs professing a dedication to help and to heal, to act in ways that are contrary and harmful to individual or collective goods? Fully acknowledging that we, two legally trained business ethics professors, are pursuing a line of inquiry rooted in the aspiration of a more robustly just marketplace, we are convinced that it is time for serious reflection upon the question: Should healthcare companies be held accountable for ways in which they deviate from publicly issued statements of conduct (PISC)?

“Unusual Care”: Groupthink And Willful Blindness In The Support Study, George J. Annas, Catherine L. Annas

Faculty Scholarship

The SUPPORT study of extremely premature newborns seems likely to go down as one of the most controversial studies of the 21st century (SUPPORT Study Group 2010). We previously suggested that the researchers in SUPPORT were "legally blind" in failing to understand that the "standard" that defines the content of informed consent is set by law, including the federal regulations, not by what physicians "usually" do or don't do (Annas and Annas 2013). Macklin and Natanson, also early critics of the SUPPORT study's failure to disclose the increased risk of death posed by the study, (Macklin et al. 2013) attack …

Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield

Duke Law & Technology Review

The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …

Flying Under The Radar: Two Decades Of Dna Testing At Ircc, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly

Canadian Journal of Law and Technology

Since the early 1990s, Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada) began using DNA testing technology in the processing of family reunification applications. Over the years, Canadian citizens, permanent residents, and family members living abroad have been increasingly suggested, or required to undergo DNA testing to either facilitate or enable them to reunite in Canada, under the family reunification procedure. This practice, although said to be rare, has since grown in popularity, and is used more extensively for applications coming from certain regions, including Africa, Asia, and the Caribbean. Through analysis of recent case law, this paper …

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …

International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck

Scholarly Articles in Law Reviews & Journals

Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …

Cape Town Animal Conference, South Africa, Andrew N. Rowan

WellBeing News

The second Cape Animal Conference was held at the University of Cape Town in September, 2019. The conference theme focused on animal law development in the country but there was a broad mix of topics covered during the two days of the event.

A Rebuttal To Kinsler's And To Anderson And Muller's Studies On The Purported Relationship Between Bar Passage Rates And Attorney Discipline, William Wesley Patton

St. John's Law Review

(Excerpt)

Because of the escalating cost of legal education and the recent decline in bar passage rates among ABA approved law schools, some analysts have reasonably attempted to determine the social costs of legal education. Many have attempted to place the blame on segments of the legal education marketplace. The complicated relationships among the policies of providing more access to justice, increasing minority representation in the bar, and protecting the public from shoddy law practice have recently inflamed academic debate. In the rush for assessing blame, some analysts have published empirically flawed reports that have received a great deal of …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …